The argument of the Chamber of the High Court to dismiss the appeal is the alleged “non-existence” of the Onapre instructions as an administrative act and even warns that the protests of recent weeks are fueled by a “communication matrix” that must be investigated to determine possible judicial responsibilities
The Political-Administrative Chamber of the Supreme Court of Justice (TSJ) declared inadmissible a “contentious administrative appeal for annulment and precautionary protection” filed against the instructions of the National Budget Office (Onapre), used to calculate the salary tables of university professors of the public sector, violating in the process various conquests enshrined in the Organic Labor Law (Lottt) and in collective contracts.
In recent weeks, several resources have been filed with the TSJ by public sector workers, requesting that the instructions be repealed. In this case, it is a lawsuit for nullity and injunction filed by the Universidad de Los Andes (ULA) dated March 22, 2022provisionally admitted by the Political-Administrative Chamber on July 14, 2022.
The chamber responded this Wednesday, August 24, declaring the lawsuit inadmissible on the grounds that the administrative act demanded, the Onapre instruction, “is non-existent.”
TSJ declares inadmissible lawsuit filed against an alleged act of the Onapre https://t.co/FM9WFhE7az pic.twitter.com/FQZzvaG81Y
– TSJ Venezuela (@TSJ_Venezuela) August 24, 2022
The argument of the room was based on the fact that the libel (the application document) was not accompanied by the original document or the copy of the administrative act denounced, considered a “fundamental document of any application”, for which it was decided to consider it inadmissible. the resource.
«The intended document in the aforementioned terms of the formal and essential requirements that comprise it, does not constitute an administrative act; being so, this Chamber warns that we are in the presence of what is known in the doctrine and jurisprudence as the “non-existent act”, “explains a press release issued by the TSJ.
TSJ warns narrative against Onapre instructions
In this way, they put an end to the existing judicial process since last July 14 and the instructions will continue to be applied normally, now with the mitigating effect of a warning to those who promote the “communication matrix that has been created in recent months”, without Specify what they refer to.
The Chamber raised the possibility of investigating this communicational matrix that has been used to “generate discomfort in certain sectors of the community, create social conflict and attack cardinal values and principles provided for in our constitutional order”, implying that the protests against of the Onapre instructions follow a narrative and have no real reason to occur.
They point out that the “possible existence of forging and other illicit acts” must be determined both by the complaint resolved in this sentence and by other matters related to the subject and determine the possible responsibilities that could exist.
Similarly, they exhort the lawyer acting in the introduction of the lawsuit “not to incur in faults in the procedural technique with the sentenced person and not to file actions without complying with the essential assumptions strictly required by law”, insisting that any action against the Onapre instructions would not proceed since said administrative act “does not exist”.
Despite the alleged “non-existence” of the Onapre instructions, it is a reality that the salary tables were set by the provisions of this document, known through a Telegram chat called “Official Mppe Payments”, through which they were shared the new salary tables for university professors last March.
*Also read: Salary tables for university professors and basic education adjusted
The instruction exists, but it was only disseminated through unofficial channels and not in the Official Gazette, a justification used by the Political-Administrative Chamber to consider that the administrative act in question does not exist.
#ALERT
A new salary table for university students was agreed upon, excluding legitimate university unions. The OPSU and the FTUV have agreed on salary levels, worsening the labor rights of university students. pic.twitter.com/mk2pojzQ9a— ULA.DDHH Observatory (@Uladdhh) March 23, 2022
But despite being disseminated through unofficial channels, university professors have received the amounts specified in these tables since March and have suffered constant violations of their labor rights, which is why they have protested since the application of these instructions was known.
Post Views:
266
